Loading...
HomeMy WebLinkAbout02-2209CINDY G. ACRI, Plaintiff Mo ELDEN R. ACRI, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET NO. O-,2-.,R.2Oq' ~'~.s~ : : CIVIL ACTION - LAW : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other fights important to you. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 CINDY G. ACRI, Plaintiff Vo ELDEN R. ACRI, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET NO. ~-~- : CIVIL ACTION - LAW : IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff, Cindy G. Acri, is an adult individual, who currently resides at 2116 Cedar Run Drive, Apathnent 105, Camp Hill, Cumberland County, Pennsylvania 17011. Her date of birth is June 1, 1959, and her social security number is 184-52-4880. 2. Defendant, Elden R. Acri, is an adult individual who currently resides at 114 South Chestnut Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. His date of birth is August 18, 1947, and his social security number is 178-38-1244. 3. Plaintiffand Defendant have been bonafide residents in the Commonwealth of Pennsylvania for a period of at least six (6) months immediately previous to the filing of this Complaint in Divorce. 4. The Plaintiff and Defendant were married on May 15, 1982, in Berwick, Columbia County, Pennsylvania. 5. The marriage is irretrievably broken. 6. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 7. Plaintiff requests the Court to enter a decree of divorce. Respectfully submitted, Dated: May ~ 2002 Heather M. Faust Attorney ID #77947 Killian & Gephart 218 Pine Street Harrisburg, PA 17101 (717) 232-1851 Attorneys for Plaintiff VERIFICATION I hereby verify that the statements of fact made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that any false statements made therein are subject to the penalties contained in 18 Pa.C.S.A. §4904, relating to unswom falsification to authorities. May 3, 2002 Cindy Acri [ CERTIFICATE OF SERVICE I hereby certify that I have served a tree and correct copy of the Complaint in Divorce upon the following by depositing a copy of same in the United States mail, regular and certified, restricted delivery, return receipt, postage prepaid, addressed as follows: Mr. Elden R. Acri 114 South Chestnut Street Mechanicsburg, PA 17055 Dated: May _~, 2002 Adm'nistrative As'gistant Killlan & Gephart 218 Pine Street Harrisburg, PA 17101 (717) 232-1851 CINDY G. ACRI, Plaintiff ELDEN R. ACRI, Defendant PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, made this ~%day of between Cindy G. Acri and Elden R. Acri. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : DOCKET NO. 02-2209 : : CIVIL ACTION - LAW : IN DIVORCE ,2003, by and WHEREAS, husband and wife were lawfully married on May 15, 1982; and WHEREAS, two children have been born of this marriage; Nicole Marie Acri, born on May 18, 1983, and Tiffany Rochelle Acri, born on May 14, 1985; and WHEREAS, differences have arisen between husband and wife, a consequence of which they have been separate and apart from each other; and NOW, THEREFORE, the parties intending to be legally bound hereby do covenant and agree: 1. SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place as he or she may from time to time choose or deem fit. The foregoing provisions shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart. 2. WIFE'S DEBTS: Wife represents and warrants to Husband that since the separation she has not and in the future she will not contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save harmless Husband from any and all claims or demands incurred by her. 3. HUSBAND'S DEBTS: Husband represents and warrants to Wife that since the separation he has not and in the future he will not contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify and save harmless Wife from any and all claims or demands made against her by reason of debts or obligations incurred by him. 4. MUTUAL RELEASE: Subject to the prowisions of this Agreement, each party has released and discharged, and by this Agreement ,floes for himself or herself and his or her heirs, legal representatives, executors, administr:ators and assigns, release and discharge the other of and from all causes of action, claims, rights, or demands, whatsoever in law or equity, which either of the parties ever had or now has against the other, except any or all causes of action for termination of the marriage by divorce or annulment and except for all causes of action for breach of any provisions of this Agreement. Husband and Wife specifically release and waive any and all rights he or she might have to raise claims under the Divorce Code of 1980 and any amendments thereto including, but not limited to, claims for equitable distribution of marital property, support, alimony, alimony pendente lite, counsel fees or expenses. The parties agree that the moving party in any divorce action which has been or which will be commenced shall request the Court to incorporate, but not merge, this Agreement into any divorce decree. If this Agreement is incorporated into a divorce decree, the parties shall have the right to enforce this Agreement under the Divorce Code of 1980 and any amendments thereto in 2 addition to any remedies in law or equity and these enforcement rights are not waived or released by any of the provisions of this Agreement. The fact that a party brings an action to enforce the property agreement as incorporated in the divorce decree does not give either party the right to raise other claims under the Divorce Code specifically waived and released by this paragraph, and all rights and obligations of the parties arising out of the marriage shall be determined by this Agreement.. 5. DIVISION OF PERSONAL PROPERTY:: The parties have divided between them, to their mutual satisfaction, the personal effects, household furniture and furnishings, and all other articles of personal property which have theretofore been used by them in common, and neither party will make any claim to any such items which are now in the possession or under the control of the other, with the exception of the following items which shall be offered to Tiffany Acri and Nicole Acri or to Wife at the time Husband has no further use for said items: (1) Hutch in the living room; (2) Trunk in the attic; (3) Desk; (4) China closet; (5) Bedroom furniture in both girls' rooms; (6) New living room suite; and (7) the table that Nicole Acri made in school. Under no circumstances shall Husband transfer any right, title or interest in the aforesaid property to any other individual other than Tiffany Acri, Nicole Acri or Wife. 6. NATURE OF PROPERTY DIVISION: The parties believe and agree, and have been so advised by their respective attorneys, that the division of property heretofore made by this Agreement, is a nontaxable divis/~on of property between co- owners rather than a taxable sale or exchange of such property. Each party promises not 3 to take any position with respect to any other issue which is inconsistent with the position set forth in the preceding sentence on his or her Federal or State Income Tax Returns. In the event the Internal Revenue Service or any state taxing authority imposes upon either party a capital gains tax by virtue of the divisic,n of property made by this Agreement, then the other party shall pay to the party uport whom such tax has been imposed, within two (2) months after payment of the tax, an amount equal to one-half (1/2) of such tax, not as the payment of any part of the other party's taxes, but as a further and supplemental division of their marital property to effectuate the intent of the Agreement. Should it become necessary, the parties each agree to sign any titles or documents necessary to give effect to this paragraph upon request. 7. DIVISION OF REAL PROPERTY: Wife agrees to transfer all right, title and interest in and to the real estate situated at 114 South Chestnut Street, Mechanicsburg, Cumberland County, Pennsylvania, to Husband and agrees to immediately execute now or in the future any and all deeds, documents, or papers necessary to effect such transfer of title upon request. Wale further acknowledges that she has no claim, right, interest, or title whatsoever in said property and further agrees never to assert any claim to said property in the future. In consideration of said transfer, Husband agrees to pay Wife the sum of $20,000.00 on or before September 1, 2004. Husband further agrees that within thirty (30) days of the date of this agreement, he shall take the necessary steps to remove Wife's name from the mortgages on 114 South Chestnut Street, Mechanicsburg, Cumberland County, Pennsylvania, such that she has no legal responsibility for said mortgage whatsoever. 4 8. EACH PARTY RETAINS OWN PENSION PLANS: Unless otherwise specified in this Agreement, each of the parties does specifically waive, release, renounce and forever abandon all of his or her right, title, interest or claim, whatever it may be, in any Pension Plan, Retirement Plan, Profit Sharing Plan, 401-K Plan, Keogh Plan, Stock Plan, Tax Deferred Savings Plan and/or any employee benefit plan of the other party, whether acquired through said party's employment or othel~ise, and hereafter said Pension Plan, Retirement Plan, Savings Plan, Tax Deferred Savings Plan and/or any employee benefit plan shall become the sole and separate property of the party in whose name or through whose employment said plan is carried. 9. DIVISION OF BANK ACCOUNTS/STOCK/LIFE INSURANCE: The parties acknowledge and agree that they have previously divided to their mutual satisfaction all of their bank accounts, certificates of deposit, IRA accounts, bonds, shares of stock, investment plans and life insurance cash value; and hereafter Wife agrees that all said bank accounts, certificates of deposit, IRA accounts, bonds, shares of stock, investment plans and life insurance cash value in the possession of Husband shall become the sole and separate property of Husband; and Husband ~grees that all the said bank accounts, certificates of deposit, IRA accounts, bonds, shares of stock, investment plans and life insurance cash value in the possession of Wife shall become the sole and separate property of Wife. Each of the parties does specifically waive, release, renounce and forever abandon whatever right, title, interest or claim, he or she may have in any bank account, certificates of deposit, IRA accounts, bonds, shares of stock, investment plans 5 and life insurance cash value that is to become the sole and separate property of the other pursuant to the terms hereof. 10. MARITAL DEBTS: The parties acknowledge that they have previously divided the obligations and payments required thereof of any debts and obligations arising during the marriage and in accordance therewith any obligation being paid by a party shall continue to be so paid and said party shall inde~nnify, protect and save the other party harmless therefrom. A liability not disclosed in this Agreement will be tlhe sole responsibility of the party who has incurred or may hereafter incur it, and each agrees to pay it as the same shall become due, and to indemnify and hold the other party and his or her property harmless from any and all such debts, obligations and liabilities. From the date of execution of this Agreement, each party shall use only those credit cards and accounts for which that party is individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability. 11. BANKRUPTCY: The parties hereby agree that the provisions of this Agreement shall not be dischargeable in bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right to terminate this Agreement in which event the division of the parties' marital assets and all other rights determined by this Agreement shall be subject to court determination the same as if this Agreement had never been entered into. 6 12. SOCIAL SECURITY BENEFITS: The parties agree that subject to the rules and regulations of the Social Security Administration, each of the parties shall continue to be eligible for Social Security benefits to which he or she would ordinarily be qualified as a party to a divorce after a marriage of ten (10) years or more in duration, if the parties' marriage is determined to be of ten (10) or more years in duration. 13. INCOME TAX PRIOR RETURNS: The parties have heretofore filed joint federal and state returns. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them~ each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentatiorts or failures to disclose the nature and extent of his or her separate income on the afoiesaid joint returns. 14. LUMp SUM PAYMENT TO WIFE: Husband, upon the signing of this Agreement, shall make arrangements with the administrator of his CIGNA Retirement and Investment Services annuity plan to transfer the sum of $40,000 to Wife. Said escrowees shall, upon the entry of a final decree in divorce, severing and terminating the marriage relationship between the parties hereto~ pay and deliver said sum to Wife or Wife's counsel. In the event that said sum has not been paid and delivered to Wife or to Wife's counsel, within one hundred twenty (120) days after the execution of this Agreement, Husband agrees to pay Wife interest~ at the then existing legal rate, on the $40,000, beginning on the one hundred and twenty-first day and ending on the date said sum has been paid and delivered to Wife or to Wife's counsel. 15. AGItEEMENT BINDING ON HEIRS: This Agreement shall be binding on and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 16. SUBSEQUENT DIVORCE: Both parties agree to execute Affidavits of Consent to Divorce and Waivers of Notice of Intention to Request Entry of a Divorce Decree pursuant to Section 3301(c) of the Divorce Code within 120 days of the signing of this Agreement and shall direct their respective counsel to immediately file with the Court said documents. Wife agrees that she shall direct he.r counsel to immediately file with the Court a Decree in Divorce from the bonds of matrimony under Section 3301(c) of the Divorce Code. 17. BREACH: If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their rights under this Agreement. 18. ADDITIONAL INSTRUMENTS: Each c,f the parties shall from time to time, at the request of the other, execute, acknowledge, and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 8 19. VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel. The Wife has employed and had the benefit of counsel of Heather M. Faust as her attorney. The Husband has employed and had the benefit of counsel of Carol J. Lindsay as his attorney. Each party acknowledges that he or she has receiived independent legal advice from counsel of his or her selection and that each fully understands the facts and has been fully informed as to his or her legal rights and obligations, and each party acknowledges and accepts that this Agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after having received such advice and with such knowledge, and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. Also, each party hereto acknowledges that he or she has been fully advised by his or her respective attorney of the impact of the Pennsylvania Divorce Code, whereby the Court has the right and duty to determine all marital rights of the parties, including divorce, alimony, alimony pendente lite, equitable distribution of all marital property or property owned or possessed individually by the other, counsel fees and costs of litigation and, fully knowing the same and being fully advised of his or her rights thereunder, each party hereto still desires to execute this Agreement acknowledging that the terms and conditions set forth herein are fair, just, and equitable to each of the parties and waives their respective right to have the Court of Common Pleas of Cumberland County or any other Court of competent jurisdiction to make any determination or order affecting the respective parties' right to a divorce, alimony, 9 alimony pendente lite, equitable distribution of all marital property, counsel fees and costs of litigation. 20. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants, or undertakings other than those expressly set forth herein. 21. MOI)IFICATION AND WAIVER: A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 22. SECURITY: (a) Husband does hereby empower Wife's attorney or any attorney of any Court of record within the Commonwealth of Pennsylvania or elsewhere at any time or times hereafter to appear for him and, after declaration filed, confess judgment against him in favor of Wife as of any term of Court for the amount of any delinquency, deficiency, or arrearages in the payment of support and alimony and any and all other payments called for by any provision of this Agreement, iincluding also an attorney's commission for collection of five (5%) percent of the total amounts required to be paid together with costs of suit; and does hereby waive stay m execution or other processes on such judgment, and holding inquisition on any real estate levied on by virtue of any writ sued out on such judgment is hereby dispensed with and waived and condemnation agreed to, which real estate, may be sold under a Writ of Fieri Facias or other lawful 10 Writ, and all exemptions of property from levy and sale on any execution under any law in force or hereafter passed is hereby waived and further does hereby waive all errors, defects, and imperfections in entering the said judgment or writ or any process of proceeding thereon or in any wise touching or concerning the same, and for the confession and entry of such judgment, this shall be sufficient warrant and authority, and this power to confess judgment shall not be exhausted by confession of judgment thereunder and shall remain available to said Wife for continued exercise of the same by the confession and entry of one or more judgments at any time and from time to time thereafter. (b) In the event Husband defaults in any of the payments due under this Agreement, Wife's attorney is hereby empowered to appear for Husband and agree to an amicable action in equity and the institution of said action on behalf of Wife against Husband with Wife's attorney having the power and the right to accept service for Husband and to have the Court of Common Pleas of Cumberland County sitting in equity enter a decree ordering the payments of the said sum provided for in said Agreement and the failure of Husband to comply with said equity decree shall be enforceable by any and all powers of the Court of Common Pleas of Cumberland County as conferred by any of the Rules of Civil Procedure or Statutes of this Commonwealth for enforcement of equity decrees including, but not limited to the power to hold Husband in contempt of Court and to punish him by imprisonment and such other remedies as authorized by said Court. In the event that the Husband shall fail to comply with any of the financial provisions of this Agreement, and Husband dies prior to the time that said provisions 11 have been fulfilled, then Wife shall have a claim against Husband's estate to the extent of such non-compliance and Wife shall further have the right to proceed against any insurance proceeds from any policy owned by Husband, insuring his life prior to the rights of any beneficiary named therein for the payment of the same. 23. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent covenant and agreement. 24. APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania 25. PRIOR AGREEMENTS: It is understood and agreed that any and all property settlement agreements which may or have been executed prior to the date and time of this Agreement are null and void and of no effect. 26. VOID CLAUSES: If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or iJavalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 27. DISCLOSURE: The respective parties do hereby warrant, represent, and declare and do acknowledge and agree that each is and has been fully and completely informed of and is familiar with and cognizant of the wealth, real and/or personal property, estate and assets, earnings and income of the other and that each has made a full and complete disclosure to the other of his or her entire a.,;sets and liabilities and any 12 further enumeration or statement thereof in this Agreement is hereby specifically waived, and the parties do not wish to make or append hereto any fi~rther enumeration or statement. Each of the parties hereto further covenants and agrees for himself or herself and his or her heirs, executors, administrators and assigns, that he or she will never, at any time hereafter, sue the other party or his or her heirs, executors, administrators or assigns, in any action or contention, direct or indirect, that there was any absence or lack of full disclosure, duress, undue influence, or that there was any absence or lack of full, proper, and independent representation. WITNESS: WITNESS: CINDY G. ACKI ELDEN R. ACRI 13 CINDY G. ACRI, Plaintiff Vo ELDEN R. ACRI, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVAN : : DOCKET NO. 02-2209 : : CIVIL ACTIO,N - LAW : IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under § 3301(c) of tlhe Divorce Code was filed on May 6, 2002. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. I verify that the statements made in this affidavit are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: October 8. 2005 Cindy G. Ac~? ' Plaintiff CINDY G. ACRI, Plaintiff ELDEN R. ACRI, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVAN : : DOCKET NO. 02-2209 : : CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A. DIVORCE DECREE UNDER § 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by th Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. § 4904 relating t, unsworn falsification to authorities. Date: October 8, 2003 ~.-~X-~ Cindy G. Plaintiff CINDY G. ACRI, Plaintiff ELDEN R. ACRI, Defendant May6, 2002. : IN THE COURT OF COMMON PLEAS OF / i CUMBERLA~ff) COUNTY, PENNSYLVANI~ : DOCKET NO. 02-2209 : : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT A complaint in divorce under § 3301(c) of the Divorce Code was filed on 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. I verify that the statements made in this affidavit are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. § 4904 relating to unswom falsification to authorities. Elden R. Aeri Defendant CINDY G. ACRI, Plaintiff VJ ELDEN R. ACRI, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANI~k : : DOCKET NO. 02-2209 : : CIVIL ACTION - LAW : IN DIVORCE .WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE iDECREE UNDER § 3301(e) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me hnmediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Elden R. Acri Defendant CINDY G. ACRI, Plaintiff ELDEN R. ACRI, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANI~ : DOCKET NO. 02-2209 : : CIVIL ACTION - LAW : 1N DIVORCE PRAECIPE TO TRANSMIT RECORr} TO THEPROTHONOTARY: Please transmit the record, together with the following information, to the Court for entry of a divorce decree: Ground for divorce: irretrievable breakdown under Section 3301 (c) of the Divorce Code. Date and manner of service of the complaint: By certified mail, restricted delivery, return receipt, to Defendant on May 6, 2002, as evidenced by the attached green certified receipt which is being filed contemporaneously herewith. Date of execution of the affidavit of consent required by Section 3301 (c) of the Divorce Code: by Plaintiff on October 8,. 2003; by Defendant on October 1, 2003, which are being filed contemporaneously herewith. Related claims pending: The property settlement agreement, dated October 8, 2003, is incorporated into but not merged with the Decree in Divorce. Date of execution of waiver of notice: by Plaintiff on October 8, 2003; by Defendant on October 1, 2003, which are being filed contemporaneously herewith. Dated: October 8, 2003 Heather M. Faust Attorney ID #77947 Killian & Gephart 218 Pine Street Harrisburg,, PA 17101 (717) 232-1851 Attorneys fbr Plaintiff IN THE COURT OF COMMON PLEAS Cindy G. Acri, OF CUMBERLAND COUNTY STATE Of ~~.. PENNA. NO. 132-2209 Plaintiff VERSUS Elden R. Acrid DECREE IN DIVORCE AND NOW, , ~'~*;:~ , IT IS ORDERED AND DECREED THAT Cindy G. Acri , PLAINTIFF, AND Elden R. Acri , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. The COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD iN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; is incorporated into but not merged with the Decree in Divor{:e BY TH E//~/QU rt: / ATT E ~.' _ ~ ........~ / PROTHONOTARY CINDY G. ACRI Plaintiff PENNSYLVANIA V. ELDEN R. ACRI Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, DOCKET NO. 02-2209 CIVIL ACTION -LAW IN DIVORCE MOTION FOR ENTRY OF QUALIFIED DOMESTIC RELATIONS ORDER And now come the Plaintiff, Cindy G. Watson, represented by Heather Faust, Esquire, and Defendant, Elden R. Acri, and in support of an I.B.E.W. Local 143 Annuity Plan Qualified Domestic Relations Order aver as follows: I. IDENTIFYING INFORMATION: 1. The Participant is Elden R. Acri. The Participant's social security number is 178-38-1244. The Participant's address is 114 S. Chestnut Street, Mechanicsburg, PA, 17055. 2. The Alternate Payee is Cindy G. Watson. The Alternate Payee's social security number is 184-52-4880. The Alternate Payee's address is 2116 Cedar Run Drive, Camp Hill, PA 17011. o o The Alternate Payee's date of birth is June 1, 1959. The parties were married on May 15, 1982. The parties have raised claims of equitable distribution of marital property pursuant to the Pennsylvania Divorce Code. An order in support of this motion, setting forth the reasons for entry of the Qualified Domestic Relations Order, is being filed this same date by the parties. We, the undersigned, hereby agree to the entry of the attached Order. Date Elden R. Acri Date Cindy G. ~tson Date Heather Faust, Esquire CINDY G. ACRI Plaintiff ELDEN R. ACRI Defendant JUL 2 7 2004 ' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET NO. 02-2209 : : CIVIL ACTION - LAW : IN DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER This order is intended to be a qualified domestic relations order ("QDRO"), as that term is defined in Section 206(d) of the Employee Retirement Income Security Act of 1974 ("ERISA") and Section 414(p) of the Internal Revenue Code of 1986 ("Code"). Section 1. Identification of Plan This Order applies to benefits under the IBEW Local No. 143 Annuity ("Plan"). Section 2. Identification of Participant and Alternate Payee a. Elden R. Acri is hereafter referred to as the "Participant." The Participant's address is 114 South Chestnut Street, Mechanicsburg, PA, 17055. The Participant's Social Security Number is 178-38-1244. b. Cindy G. Watson is hereafter referred to as tl~te "Alternate Payee." The Alternate Payee's address is 2116 Cedar Run Drive, Apt. 106, Camp Hill, PA, 17011. The Alternate Payee's Social Security Number is 184-52-4880. The Alternate Payee is the former spouse of the Participant. c. Nicole M. Acri is hereafter referred to as the "Contingent Alternate Payee." The Contingent Alternate Payee's address is 114 South Chestnut Street, Mechanicsburg, PA, 17055. The Contingent Alternate Payee's Social Security is 173-70- 1151. The Contingent Alternate Payee is the daughter of the Participant. d. It is the responsibility of the Alternate Payee to keep a current mailing address on file with the Plan at all times. Section 3. Amount of Benefit to be Paid to Alternate Payee. The portion of the Participant's Plan benefits payable to the Alternate Payee is Forty Thousand Dollars ($40,000.00) as of June 10, 2004. The benefit shall not be paid directly to the Alternate Payee but, as soon as administratively possible, such amount shall be paid in a lump sum to the following individual retire, ment account which is represented to be eligible to receive this transfer: Belco Cornmunity Credit Union, 403 North Second Street, Harrisburg, PA. The Alternate Payee intends to complete the withdrawal forms of the Plan to effectuate any such transfer. Section 4. Benefits Start The plan shall provide a lump sum payment to the Alternate Payee's individual retirement account on submission of the Order. Section 5. Spousal Rights of Former Spouse as Alternate Payee a. The Plan shall not treat the Alternate Payee as the Participant's spouse for purposes of the Participant's joint and survivor annuity resulting from the accrued benefit in which the Participant retains a separate interest. The Alternate Payee shall have no right to the spousal survivor annuity in which the Participant retains a separate interest. b. The Plan shall not treat the Alternate Payee as the Participant's spouse for purposes of the Participant's pre-retirement survivor annuity resulting from the accrued benefit in which the Participant retains a separate interest. The Alternate Payee shall have no right to the spousal pre-retirement survivor annuity in which the Participant retains a separate interest. Section 6. Compliance with Applicable Laws The parties to this Order intend that it comply with the applicable provisions of ERISA and the Code. Nothing in this Order shall require the Plan: a. to pay any benefits not permitted under the Code or ERISA; Plan; or, to provide any type or form of benefit or any option not provided by the c. to pay benefits to the Alternate Payee that are required to be paid to another Alternate Payee under another QDRO that is in effect prior to this Order. Section 7. Reservation of Jurisdiction The Court reserves jurisdiction to amend this Order to establish or maintain its status as a QDRO under ERISA and the Code. Dated: IT IS SO ORDERED:/ ''1 ? CINDY G. ACRI Plaintiff PENNSYLVANIA V. ELDEN R. ACRI Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, DOCKET NO. 02-2209 CIVIL ACTION - LAW IN DIVORCE MOTION FOR ENTRY OF QUALIFIED DOMESTIC RELATIONS ORDER And now come the Plaintiff, Cindy G. Watson, represented by Heather Faust, Esquire, and Defendant, Elden R. Acri, and in support of an I.B.E.W. Local 143 Annuity Plan Qualified Domestic Relations Order aver as follows: I. IDENTIFYING INFORMATION: 1. The Participant is Elden R. Acri. The Participant's social security number is 178-38-1244. The Participant's address is 114 S. Chestnut Street, Mechanicsburg, PA, 17055. 2. The Alternate Payee is Cindy G. Wa~:son. The Alternate Payee's social security number is 184-52-4880. The Alternate Payee's address is 2116 Cedar Run Drive, Camp Hill, PA 17011. The Altemate Payee's date of birth is June 1, 1959. The parties were married on May 15, 1982. The parties have raised claims of equitable distribution of marital property pursuant to the Pennsylvania Divorce Code. An order in support of this motion, setting forth the reasons for entry of the Qualified Domestic Relations Order, is being filed this same date by the parties. We, the undersigned, hereby agree to the enttry of the attached Order. Date Elden R. Acri Date Cindy G. g&tson Date Heather Faust, Esquire